Pantless Man Charged with Lewdness, Intoxication, and More

pantless man gets lewdness charges

Photo: Sarah Marie Jones/Wikimedia Commons

Early Saturday morning, Feb. 7, an intoxicated man entered an apartment near a party he had been attending wearing nothing below the waist but a pair of socks. The man was chased by police and arrested for lewdness and other charges.

Several Drinks Too Many

Some parties require the attendees to turn in their keys to ensure no drunk driving incidents, but apparently Austin Jeffery Noble, 21, took this one step further and simply surrendered his pants.

According to a report from KSL News, sometime before 4 a.m. on Saturday, Feb. 7, Noble left a party he was attending and wandered into a nearby apartment wearing nothing more than a hooded sweatshirt, bowtie, and socks. Enter the first potential charges for criminal trespass, burglary, and lewdness.

The arrest affidavit states that at this point, he laid down next to a sleeping 17-year-old girl and began touching her inappropriately. Next potential charges of forcible sex abuse. The girl woke up, and after she and her sister confronted Noble, he fled the apartment.

When police showed up, they found Noble still without his pants. A brief foot pursuit occurred (next charge: failure to stop at the command of a police officer) before police caught up with him. Noble claimed that he didn’t remember anything before the foot chase. A breathalyzer test showed Noble’s BAC at .209, more than twice the legal limit, and added on intoxication to his list of charges. Noble was booked into the Davis County Jail.

No Pants Equals Lewdness

According to Utah Criminal Code 76-9-902, lewdness is defined as an act not amounting to rape, sodomy, aggravated sexual assault, or forcible sexual abuse (which is already on the list for Noble) but which will still cause affront or alarm to one who is over 14 years old. This may include an act of sexual intercourse or sodomy (in the presence of the minor), masturbating, or in the case of Noble, exposing the genitals, female breast below the areola, buttocks, anus, or pubic area.

Lewdness is considered a class B misdemeanor on the first or second conviction, punishable by up to six months in jail and a fine of up to $1,000. However, on the third conviction, or if the person is already a sex offender, lewdness becomes a third degree felony, punishable up to five years in prison and a fine of up to $5,000.

If you or someone you know has been charged with lewdness, contact an experienced criminal defense attorney who knows the law and will look out for your best interests.

Man Arrested for DUI After Hitting Sheriff’s Vehicle

DUI charges

Photo: Weber County Sheriff’s Office/KSL News

Icy roads were to blame for many accidents on Saturday, Jan. 10, but it was driving under the influence (DUI) that landed one man in jail. Other charges included drug possession and leaving the scene of an accident.

“Wrong Place at the Wrong Time” Doesn’t Mean You can Leave

According to a report from KSL News, on Saturday evening, Weber County Sheriff’s deputies were called to the scene of several accidents in Ogden Canyon near 4500 East, just east of the Pineview Reservoir spillway. Four vehicles had slid off the road due primarily to the icy conditions (the DUI would come shortly). Fortunately only minor injuries were reported, however, deputies were on the scene to shut down State Route 39 while road crews could put down salt and sand.

At approximately 10:40 p.m., one deputy had his patrol pickup truck parked with his overhead flashers on to stop oncoming traffic when another pickup truck came around a corner at high speed, lost control, and crashed into the back of the deputy’s vehicle. The driver of the truck sped off, and the deputy was able to pursue in the damaged vehicle, catching him near the spillway.

The driver of the truck, Bruce Southwick, was arrested for investigation of DUI, drug possession, and leaving the scene of an accident.

DUI Severity Depends on Circumstances

While most people think of a DUI as referring to alcohol, according to Utah Code 41-6a-502, a person is guilty of a DUI if he/she is driving “under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle.” Given the fact that Southwick also was charged for drug possession, this is probably the case.

The lowest charge for a DUI is a class B misdemeanor, even on a second offense. It goes up to a class A misdemeanor if the driver inflicts “bodily injury” on another, had a passenger under 16 years of age, or was 21 years of age or older with a passenger under 18 years of age. The charge jumps to a third degree felony if the driver inflicts “serious bodily injury” or has two or more prior convictions within ten years.

Even the lowest charge of a class B misdemeanor can result in jail time of up to six months and a fine of up to $1,000. If you or someone you know has been charged with a DUI, don’t leave your defense in the hands of a public defender. Contact an experienced criminal defense attorney who will have your best interests in mind.

West Valley City DUI Results in Various Property Damage

Driving Under the Influence causes property damage

Photo: U.S. Navy

Fortunately only property was damaged in West Valley City over the weekend as a man suspected of driving under the influence of alcohol-more commonly known as a DUI –crashed into several things, ultimately ending the ride lodged in the wall of a local butcher shop. In addition to the DUI, the suspect was also driving on a suspended license.

Maybe He Just had the Munchies

According to a report from KSL News, on Sunday, Sept. 21, just before 8 a.m., Pimoteyo Walden was traveling at “an extremely high rate of speed” on 3500 South near 5300 West. He allegedly drifted off the road, making matters even worse at that rate of speed.

The first object of his assault was a power pole which was damaged, resulting in the loss of power to a nearby neighborhood. Next he hit a tree, which was as thick as a power pole, according to West Valley Police Lt. Dalan Taylor. Finally, he crashed through the exterior brick wall of Hunsaker Meats.

Walden was arrested on suspicion of driving under the influence of alcohol ( DUI ) and driving on a suspended license. According to Lt. Taylor, Walden only suffered a bloody nose, and fortunately for him, no other people were injured as a result of his actions.

Driving Under the Influence ( DUI ): More Than Just Legal Consequences

According to Utah Code 41-6A-503, a person convicted of a DUI for the first or second time is guilty of a class B misdemeanor, punishable by up to six months in jail and a fine of up to $1,000. However, it is a class A misdemeanor, punishable by up to a year in prison and a fine of up to $2,500, if the following occurs:

  • bodily injury of another as a proximate result, or
  • the driver had a passenger under 16 years of age in the vehicle at the time of offense, or
  • the driver was 21 years old and had a passenger under 18 in the vehicle at the time.

A third offense, or the infliction of “serious” bodily injury, will result in a third degree felony, punishable by up to five years in prison and a fine of up to $5,000.

However, another consideration to keep in mind is the “collateral sanctions” imposed by a DUI conviction. According to Utah Code 41-6a-502, as of July 1, 2012, “a court shall, monthly, send to the Division of Occupational and Professional Licensing . . . a report containing the name, case number, and, if known, the date of birth of each person convicted during the previous month of a violation of [driving under the influence]” This is considered a “collateral sanction” and is grounds for revocation of professional licenses.

[For more on our discussion of “collateral sanctions,” click on our post, The “Collateral Damage” of a Conviction]

Driving under the influence can have serious repercussions on your personal and professional life, beyond those imposed by the law. If you or someone you know has been charged with a DUI, don’t leave your fate in the hands of a public defender. Make sure to contact an experienced criminal defense attorney.